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BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States
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Anonymous Coward
User ID: 693816
6/3/2009 8:20 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Since it's the NRA's lawyers that are going to wind up arguing the case in front of the Supre Court, maybe we should write them a few letters pointing this out.
An excellent argument, point of law-wise.
Bear in mind that the founding fathers tried every
non violent means to get their point across before the shooting started.
We should do the same.
Even if the opposition are a bunch of criminal scumbags. Quoting: Anonymous Coward 693813
The nra is bullshit.
buncha fucking pussy poser lames.
Sent them my "life member" shit many years ago. told em where to stuff the package.
Read Presser v. Ill.
U.S. v. Miller.
and Cruikshank(sp?)
If the law is wrong, fuck the law.
In times of injustice, the just become outlaws. |
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Anonymous Coward
User ID: 693816
6/3/2009 8:22 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
The people should rise up. Quoting: Anonymous Coward 691613
Ain't YOU one of "the people"?
Gonna cower in your bathwater when they come for YOUR guns? |
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Cranky
User ID: 586322
6/3/2009 8:28 AM
 | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
This makes no sense.
States should not have the right to usurp constitutional rights!
If they do - they shouldn't be freakin' states.
So what's next? A state can rule that you have no right to free speech, and an official already elected can refuse to leave office and become a dictator of the state?
Good grief.
The people should rise up. Quoting: Anonymous Coward 691613
10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Marbury v. Madison, 5 US 137
“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.”
Owen v. Independence, 100 S.C.T. 1398, 445 US 622
“Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”
U.S. v. Bishop, 412 US 346
If you have relied on prior decisions of the supreme Court, you have the perfect defense for willfulness.
Boyd v. U.S., 116 U.S. 616
“The court is to protect against any encroachment of Constitutionally secured liberties.”
There are thousands more of these case law decisions but the bottom line is there appear to be three judges that are TRAITORS and what is the punishment for treason? |
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Anonymous Coward
User ID: 693816
6/3/2009 8:34 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
There are thousands more of these case law decisions but the bottom line is there appear to be three judges that are TRAITORS and what is the punishment for treason? Quoting: Cranky
It's simpler than that.
What is the action of a FREE man or woman to another that threatens life, liberty, peace?
fuck the "law"... "law" was written by LAWyers.
What's moral?
Get off your knees, unless that's where you belong. |
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Pheenix11
User ID: 665901
6/3/2009 8:42 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
This is absurd! So the Bill of Rights and Constitution does not apply to cities and states, because that is what they are saying. This is complete bullshit. |
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Anonymous Coward
User ID: 693816
6/3/2009 8:45 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
This is absurd! So the Bill of Rights and Constitution does not apply to cities and states, because that is what they are saying. This is complete bullshit. Quoting: Pheenix11
WHY do you care what these whores, liars, and criminals say? |
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Cranky
User ID: 586322
6/3/2009 8:46 AM
| | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
There are thousands more of these case law decisions but the bottom line is there appear to be three judges that are TRAITORS and what is the punishment for treason?
It's simpler than that.
What is the action of a FREE man or woman to another that threatens life, liberty, peace?
fuck the "law"... "law" was written by LAWyers.
What's moral?
Get off your knees, unless that's where you belong. Quoting: Anonymous Coward 693816
So as long as it is simple I assume that you have it under control. Please resolve the matter and report back to us when complete! Thank You! |
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Anonymous Coward
User ID: 693840
6/3/2009 8:50 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Since when have criminals cared about laws? |
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Cranky
User ID: 586322
6/3/2009 8:50 AM
| | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So they then infringe and usurp the 2nd Amendment and infringe and usurp the 10th Amendment all at one time! Hanging time! |
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Anonymous Coward
User ID: 195267 (OP)
6/3/2009 8:50 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Anyone else notice too how the mainstream news isn't even reporting on this? Why are they being so quiet? |
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Anonymous Coward
User ID: 693816
6/3/2009 8:54 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
So as long as it is simple I assume that you have it under control. Please resolve the matter and report back to us when complete! Thank You! Quoting: Cranky
mission complete.
wtf are you saying?
you want the "law" to protect you?
I suggest you buy a clue... maybe 2.
yeah yeah, i know.......
it's the poet in me |
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Nailer45
User ID: 693416
6/3/2009 8:57 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Anyone else notice too how the mainstream news isn't even reporting on this? Why are they being so quiet? Quoting: Anonymous Coward 195267
they are controlled by the government and only report what they are allowed to by big brother. |
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Anonymous Coward
User ID: 693816
6/3/2009 8:58 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Since when have criminals cared about laws? Quoting: Anonymous Coward 693840
can we waterboard the fuckers in d.c. and ask them this?
i got a bucket, an oily rag, and I'm sure there's water to be found...... somewhere. |
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Anonymous Coward
User ID: 550635
6/3/2009 9:00 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
THEN IN THAT CASE THE STATES ARE SEPARATE FROM THE FEDERAL GOVERNMENT THEREFOR ANY RULINGS BUY THE FEDERAL GOVERNMENT DOES NOT APPLY TO STATES.
Like people are going to give up their arms to a pack of moronic heroine shooting mobsters anyway. |
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Anonymous Coward
User ID: 693816
6/3/2009 9:00 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Hanging time! Quoting: Cranky
i'd opt for beheading.
i have an ax and a pretty fair aim. |
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Anonymous Coward
User ID: 429261
6/3/2009 9:02 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
As soon as Obama can cram Sotomayor down the American peoples throats then he will have a Supreme Court that will trash the Constitution because Sotomayor is a known anti-gun judge as well as a baby killer who doesn't have the moral backbone to overturn Roe v Wade.
 |
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Anonymous Coward
User ID: 693816
6/3/2009 9:03 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Anyone else notice too how the mainstream news isn't even reporting on this? Why are they being so quiet? Quoting: Anonymous Coward 195267
whores? |
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Anonymous Coward
User ID: 693816
6/3/2009 9:06 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
As soon as Obama can cram Sotomayor down the American peoples throats then he will have a Supreme Court that will trash the Constitution because Sotomayor is a known anti-gun judge as well as a baby killer who doesn't have the moral backbone to overturn Roe v Wade. Quoting: Anonymous Coward 429261
ok... read the communist manifesto... the planks?
then consult the bill of rights.
those cocksuckers have shit on the constitution since it was written.
homework baby. |
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Cranky
User ID: 586322
6/3/2009 9:09 AM
| | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
So as long as it is simple I assume that you have it under control. Please resolve the matter and report back to us when complete! Thank You!
mission complete.
wtf are you saying?
you want the "law" to protect you?
I suggest you buy a clue... maybe 2.
yeah yeah, i know.......
it's the poet in me Quoting: Anonymous Coward 693816
I responded to your post. You said, "It is simpler than that!" So as long as it is "simpler" I will assume you have it under control. You need to take your own advice and get off of your knees rather than telling me to get off mine. |
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Anonymous Coward
User ID: 693831
6/3/2009 9:12 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Anyone else notice too how the mainstream news isn't even reporting on this? Why are they being so quiet? Quoting: Anonymous Coward 195267
Right now, the government appears to be content with posturing and having US domestic troops demonstrating a presence.
I predict that a new civil war will start when obama and his buddies direct their troops and security services to physically shackle the population with their new rules. These "rules" being global warming taxes, new restrictions on land use, personal ownership of weapons and a score of other repressive policies.
I wonder if the "mainstream" will even bother to report the opening salvos of the civil war? |
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Cranky
User ID: 586322
6/3/2009 9:16 AM
| | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
The 2nd Amendment is DELEGATED to the United States and the RIGHT prohibits all infringement at all levels of government otherwise there would be no 2nd Amendment and then it would be reserved by the States or the People.
10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Owen v. Independence, 100 S.C.T. 1398, 445 US 622
“Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.” |
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Anonymous Coward
User ID: 544057
6/3/2009 9:17 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
So this means that anyone living within their city limits cannot protect their homes or businesses or their other property, families or their bodies from robbers, murderers, rapists or any intruders? That's bullshit. This place will be a haven for thugs and for people with the entitlement attitudes. |
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Nailer45
User ID: 693416
6/3/2009 9:17 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
It has come time for the "people" to stand up and tell the tyrant Government enough!
If we stay silent and submissive and let the government keep voiding our Rights then we will get what we deserve.
Emails and letters that people send to elected officials change nothing as they look upon the people as filth that deserve nothing .
Action does speak louder than words and any day now I hope to see the people of America rise up and take action and fight for thier Rights and freedom once again showing the tyrants that we can not be caged or enslaved and trodden upon .
The majority of the sheeple are afraid to take action because that will mean they will lose all those comforts of life, starbucks cofee, American Idol, fast food, etc.
Are you willing to trade your freedom and liberty for a few luxuries? If so then you are not a true American but a subject to be controlled.
I am willing to take the chance of losing all my posessions (except my guns) to fight the tyrants and regain freedom for all American patriots.
Just think if our founding fathers did nothing and let the british do as they pleased.
What will it take for the people to fight against the tyrant Government? Food shortages? No people will just bow down to the government that says " join our army and we will feed you".
Lock N Load people and take action before it is too late. |
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Cranky
User ID: 586322
6/3/2009 9:18 AM
| | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Right now, the government appears to be content with posturing and having US domestic troops demonstrating a presence.
I predict that a new civil war will start when obama and his buddies direct their troops and security services to physically shackle the population with their new rules. These "rules" being global warming taxes, new restrictions on land use, personal ownership of weapons and a score of other repressive policies.
I wonder if the "mainstream" will even bother to report the opening salvos of the civil war? Quoting: Anonymous Coward 693831
The bolded is Communism and the government has been overrun! |
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Nailer45
User ID: 693416
6/3/2009 9:19 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Since when have criminals cared about laws?
can we waterboard the fuckers in d.c. and ask them this?
i got a bucket, an oily rag, and I'm sure there's water to be found...... somewhere. Quoting: Anonymous Coward 693816
not water but instead use piss if no water source is close. |
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Anonymous Coward
User ID: 693816
6/3/2009 9:23 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
I responded to your post. You said, "It is simpler than that!" So as long as it is "simpler" I will assume you have it under control. You need to take your own advice and get off of your knees rather than telling me to get off mine. Quoting: Cranky
live on my feet
I'll die in my boots |
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Anonymous Coward
User ID: 693816
6/3/2009 9:25 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
not water but instead use piss if no water source is close. Quoting: Nailer45
outstanding... i'll start pissing in a bottle |
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Just a White Guy
User ID: 693859
6/3/2009 9:27 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
A Chicago ordinance banning handguns and automatic weapons within city limits was upheld by a U.S. Court of Appeals panel, which rejected a challenge by the National Rifle Association.
The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.
“The Supreme Court has rebuffed requests to apply the second amendment to the states,” U.S. Circuit Judge Frank Easterbrook wrote, upholding lower court decisions last year to throw out suits against Chicago and its suburb of Oak Park, Illinois.
The Fairfax, Virginia-based NRA sued the municipalities in June 2008, one day after the U.S. Supreme Court’s decision in District of Columbia v. Heller struck down a hand-gun ban in the U.S. capital district encompassing Washington.
“We clearly disagree with the court’s conclusion,” NRA attorney William N. Howard, a partner in Chicago’s Freeborn & Peters LLP, said in a telephone interview. “The next step will be an appeal to the Supreme Court.”
“We recognize that this may not be the end of this litigation,” Jenny Hoyle, a spokeswoman for the city of Chicago’s law department said, acknowledging the likelihood the NRA would seek further review. “We’re certainly prepared for that if this happens. We’re prepared to aggressively defend our ordinance.”
Second Amendment
Adopted in 1791 as part of the Bill of Rights, the Second Amendment reads in its entirety: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
In Heller, the high court struck down Washington’s 32-year- old gun law, which barred most residents of the city from owning handguns and required that all legal firearms be kept unloaded and either disassembled or under trigger lock. Six residents had challenged the law, saying they wanted firearms available in their homes for self-defense.
“Heller dealt with a law enacted under the authority of the national government,” Easterbrook wrote, “while Chicago and Oak Park are subordinate bodies of a state.”
Chicago’s law took effect in 1982, Hoyle said. While it allows ownership of long guns such as rifles, they must be registered annually with the city’s police department. Concealed weapons, semi-automatic and automatic weapons are not permitted.
Some exemptions apply to members of the military and law enforcement agencies.
Following Precedent
Chicago U.S. District Judge Milton Shadur on Dec. 4 rejected the NRA’s request that he apply the Heller ruling to the Chicago and Oak Park laws, stating he was bound to follow a 1982 appeals court ruling upholding a ban by the Illinois village of Morton Grove.
That decision came from the U.S. Court of Appeals in Chicago, the same body that issued today’s opinion. The 15 judges of the Seventh Circuit hear appeals from the federal courts of Illinois, Indiana and Wisconsin.
Easterbrook, joined by Circuit Court Judges Richard Posner and William Bauer, said they, too, were bound to follow the precedent of a higher court, the U.S. Supreme Court, in its ruling on the Second Amendment not applying to states.
An appellate court departure from high court precedent “undermines the uniformity of national law,” Easterbrook wrote.
The judges rendered their ruling one week after hearing arguments.
Applicable Law
A San Francisco-based federal appeals court, with jurisdiction over cases from California, Oregon, Washington and six other Western U.S. states, in April ruled the Second Amendment can be read as applicable to states and counties.
Still, the U.S. 9th Circuit Court of Appeals’ decision in Nordyke v. King allowed to stand an Alameda County, California regulation that outlaws gun possession on county property.
Howard, the NRA’s lawyer, cited the Nordyke ruling as one of the reasons for his client’s challenge to the Chicago court outcome.
“This thing is headed for the Supreme Court,” University of Chicago Constitutional Law Professor Richard Epstein said in a phone interview.
“This is a question where you cannot run a split administration and there’s no way the circuits can resolve this amongst themselves,” he said.
The 7th Circuit case is National Rifle Association of America v. City of Chicago, 08-4241, U.S. Court of Appeals for the Seventh Circuit (Chicago). The 9th Circuit case is Nordyke v. King, 07-15763, in the U.S. Court of Appeals for the Ninth Circuit (San Francisco).
[ link to www.bloomberg.com] Quoting: Not Good!!! 195267
This is nothing to do with Obama and any federal legislation. This is all Mayor Richie Daley and his insane determination to disarm the law-abiding White minority in Chicago. He's been at it for years. Read my thread on "Murder and Racism" in Chicago to get some perspective on this topic. |
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Judge Roy Bean
User ID: 693866
6/3/2009 9:33 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
Let's all calm down and think on this for a bit, citizens.
Supreme Court rulings, the United States Constitution, and the Bill of Rights do not apply to states and local governments.
That's what these federal judges just told us.
So
Supreme Court decisions on abortion don't apply to states or local governments either.
So states and local governments are now able to ban abortions, if that's what suits them.
States and local governments are now free to ban synagogues within their borders as well.
The federal income tax is no longer valid outside of federally controlled areas.
Any and all federal laws are also no invalid outside of federally controlled areas.
The federal courts have just ruled that the federal government has NO POWER outside of Washington DC, US military bases, national parks, and so on.
I think we can work with this, citizens. I think this is actually a Great Leap Forward, dowfall of Washington DC-wise.
They've just ruled themselves to be almost completely powerless, friends. |
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Anonymous Coward
User ID: 693867
6/3/2009 9:34 AM | | Re: BREAKING: US Federal Court Upholds Gun Ban, Says Supreme Court Ruling On 2nd Amendment Doesn't Apply To States | Quote |
So maybe it should be the choice of the city's? Quoting: Anonymous Coward 309323
But they just VERY CLEARLY said that "the states" do not have 2nd ammendment rights.
How can they actually look themselves in the mirror and make such a hairbrained ruling...the states have no constitutional rights. They might as well clearly state that "the people" have no constitutional right. Even if the people of the state vote for it, they apparently have "no right". |
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